I am in receipt of your letter of 22 July regarding Madeleine McCann. I am sure you would appreciate that it would not be appropriate for me to comment too much, as we do not know each other, and I have no idea what your connection to the case is. However, I would also not want further conspiracy theories to fester by simply ignoring your letter.

Therefore, I can confirm that whatever information I had (including some photos of my sons taken on the day Madeleine disappeared, which showed her in the background) was passed both to the police and to the McCanns at the time. Having been in Portugal at the time of Madeleine’s disappearance and seen all of the events first hand, there is not one shred of doubt in my mind that the events as reported were correct.

In fact one of the most terrible parts of this tragedy is that there are people out there who are questioning this, just adding further to the nightmare that the McCann family have suffered. I cannot imagine anything crueller.

I’m afraid I won’t enter into further correspondence on this matter with you.

Why in heaven's name did BrianKennedy, the multi-millionaire double glazing magnate who out of the goodness of his bountiful heart poured his energies and money into helping to find Madeleine (e.g. by appointing Metodo 3 and Kevin Halligen to help find her), take his lawyer, Freemason Edward Smethurst, to meet with the leading suspect in the case, Robert Murat, who was suspected of abducting or killing Madeleine. And why was Robert Murat's lawyer there?

Were they all on a mission to find Madeleine?

Or were they and their lawyers sorting out something very different and striking up some sort of deal, or even a contract?

Some of the answers maybe in Chapter N of our 120-page article on Robert Murat [ www.madeleinefoundation.org.uk/Articles/ ].

Here it is:

N. Robert Murat’s meeting with BrianKennedy in Portugal, 13 November 2007

We’ll now move right away from the events of early May 2007 and look at two meetings that were probably of great significance in this case that took place in Portugal in November 2007. One was between Robert Murat and BrianKennedy, the multi-millionaire double glazing magnate who has effectively bankrolled the various private investigations which were supposed to be about finding Madeleine.

Others were also present at this meeting. He was also, as was made clear in John Whitehouse’s article on our website, the man who was at the centre of these intelligence operations, running them from a house believed to be in Knutsford, appointing the staff and directing them.

We now know that BrianKennedy flew out in November 2007, about three weeks after this ’phone call, together with his in-house lawyer from the Latium Group, Edward Smethurst. This, briefly, is the Portuguese Police’s account of a meeting between them, Metodo 3, BrianKennedy and Edward Smethurst. The date of it was probably arranged during or soon after the ’phone call of 19 October:

QUOTE

“We held a meeting on 13 November, with Inspectors Paulo Ferreira and Ricardo Paiva present, with BrianKennedy, Director of the detective agency, Francisco Marco and one of his advisers, plus Antonio Jimenez, ex-chief of the Kidnapping Unit of Catalonia [Note: Other information suggests that Edward Smethurst was also present].

BrianKennedy insisted that his motives were purely charitable, aimed at finding the truth, and generally helping missing children. He said he was interested in discovering the truth even if the McCann family, the friends, or any other person is found to be involved in the disappearance”.

UNQUOTE

BrianKennedy’s involvement in the investigation into the disappearance of Madeleine McCann has been controversial. An article by Mark Hollingsworth in the Evening Standard in August 2009 claimed that “The involvement of BrianKennedy and his son Patrick in the operation was counter-productive, notably when they were questioned by the local police [in Portugal] for acting suspiciously while attempting a 24-hour ‘stake out’.”

The ‘Evening Standard’ article also showed that, later, the relationship between Metodo 3 and the Portuguese police had ‘completely broken down’. Hollingsworth claimed that key witnesses were questioned ‘far too aggressively’ by Kennedy’s investigators, so much so that ‘some of them later refused to talk to the police’. Interference with witnesses to that extent could amount to a criminal offence.

We are not aware that any other nation allows people to interfere with potential witnesses in an investigation in such a way as to cause them to refuse to testify, as Mark Hollingsworth in his article claimed had happened in this case, due to Kennedy’s investigators.

It was Francisco Pagarete, Mr Murat’s Portuguese lawyer - the one whom he was so anxious to see when he flew out to Praia da Luz on 1 May - who confirmed that a second meeting involving BrianKennedy took place at Mr Murat’s uncle’s house in the Algarve in November. He told the BBC: “[BrianKennedy] came here to give his support to Robert and to say he doesn’t believe Robert was involved in this story in any way or sense. And he asked if Robert could help the investigation for the finding of Madeleine in any way”. Mr Pagarete added that Mr Kennedy had ‘promised to stay in touch with Mr Murat’ but ‘had not contacted him since’. Mr Pagarete also confirmed that Edward Smethurst was at the meeting.

The Portuguese paper Jornal de Notícias appeared to have some additional information about this meeting. Their report, early in 2008, said: “The meeting - a dinner that BrianKennedy asked to be discreet and far away from the eyes of the press - took place in the end of last year at a house of Murat's relatives in Burgau (Vila do Bispo). At the dinner were Robert Murat and Kennedy, their respective lawyers, Jennifer Murat and the aunt and uncle of Murat” [NOTE: This appears in fact to have been Ralph Eveleigh, Murat’s uncle, and Sally Eveleigh, his cousin].

If Murat and Kennedy each had one lawyer with them - Pagarete and Smethurst - that makes seven people present at that dinner in Burgau: Murat and his mother, his uncle Ralph and cousin Sally Eveleigh, who ran the 8-room guest house at Vila do Bispo, two lawyers and BrianKennedy.

What was discussed at this meeting that Kennedy didn’t want the press to know about?

This evening meeting was either on the same day, or very close to, the meeting that BrianKennedy had with the Portuguese Police on 13 November 2007 that we referred to above. The two Portuguese Police Inspectors, Ferreira and Paiva, later submitted an account of their strange meeting with BrianKennedy.

The report, which is amongst the documents contained in the police files, indicates that right at the start of the meeting, BrianKennedy was keen to stress that his intentions were ‘purely charitable’, because he felt ‘concerned about cases of child neglect and child abduction’. The Director of Metodo 3, Francisco Marco, presented information to the PJ about three situations, allegedly received via their ‘hotline’.

The first of these concerned an incident that the British media had already referred to, at the end of October 2007: a woman who had been baby-sitting at the Ocean Club, in Apartment 5A in August/September 2006, said she spotted a man ‘hidden in the shadows’, the same day that Madeleine disappeared. A story about this had surfaced in the Sun on October 31.

According to the newspaper, “The nanny - identified only as M.H. - reported the frightening incident to the police in England after the hunt for Madeleine started in May, but did not speak to the police in Portugal”. Clarence Mitchell added that: “This evidence supports what we have always said, that Maddie was taken from her bed by an abductor”. The Portuguese Police had however ruled out this report, because the detectives considered that there was no proof that it was in any way related to Madeleine's disappearance.

The second piece of information was about the alleged existence of images of paedophilia on a computer at the home of Sergei Malinka, witnessed by the fiancé of a British woman, four years ago, when he was at Malinka's house. According to this witness, he questioned Malinka on the subject and he explained that the computer belonged to a client and that he would report it later to the authorities. All of the computers at Malinka's house were seized and examined, but the Portuguese Police report said that nothing of any relevance or suspicion was found.

The third piece of information referred to a detailed witness statement, according to the Metodo 3 report, about a woman handing what the witness was convinced was a child, wrapped in a blanket or a sheet, over a fence to a man, next to two parked vehicles, near a town 100 miles from the Algarve. The witness, a Portuguese lorry driver, M.G., looked at several photos and picked out Michaela Walczuk [Robert Murat’s girlfriend, now his wife], saying that her picture was the one that most resembled the woman he had seen.

The British media published a version of this story on 19 November 2007, but with different details. The METRO free paper boldly wrote: “A witness spotted Murat's German girlfriend, Michaela Walczuch, in a car with Maddie, on 5 May, in central Portugal”. On the same day, the Daily Mail published a similar story: “According to a source, a new witness identified Michaela Walczuch as the woman seen with the missing child, in central Portugal, 160 kilometres [100 miles] from where she disappeared on May 3rd”.

As usual, Clarence Mitchell had a few things to say to the media: “We are not going to comment on any line of the investigation except to say that we are encouraged by the fact that our investigators seem to be making progress. Kate and Gerry are not ruling out any possibility”.

The Portuguese Police studied this incident and questioned the Portuguese lorry driver, but the facts that he described to the police were somewhat different to those reported in the British press. The lorry driver said he saw a woman handing something to a man, over a fence, wrapped in what looked like a blanket. It wasn't heavy, because they did it easily and the fence was around 1.6 metres high (5 feet). Asked if it could have been the body of a child, he responded that nothing he had seen would indicate that.

Questioned also about the positive identification of Michaela Walczuk, according to Metodo 3's report, the witness told the Portuguese Police that he couldn't see the woman's face, because he was driving his lorry at 45/50 mph, and the couple were at some distance. He only chose Michaela's photo from amongst the others Metodo 3 had shown him because she had the same hair colour and similar build.

The actual facts which emerged from the lorry driver, then, did not seem anywhere near sufficient to justify the press headlines claiming that he had positively identified Murat and his girlfriend.

ENDS

The other meeting was between BrianKennedy, the Portuguese Police, and the Spanish private detective agency recently chosen by Kennedy and the McCanns: Metodo 3. This took place in police headquarters in Portimao.

A report from the Portuguese Police referring to a ’phone call on 19 October, gives us some background; here it is:

“On the 19th of October, we were contacted by Alberto Carbas, Chief of the Kidnapping Unit of the Commissary-General, based in Madrid, who passed to us the information that the McCann family had contracted a Spanish private detective agency known as ‘Metodo 3’. The costs of their investigation into Madeleine McCann were being covered by a Scottish multi-millionaire whose name is BrianKennedy. His objective was to find Madeleine.

“We were asked if we were available and interested in meeting with a representative of Metodo 3 and the Spanish Commissary General and Chief of the Kidnapping Unit of the Police in Spain. The purpose of this proposed meeting, they said, was to find out the truth, but they stated that they would not interfere in police work. At most, they said, they would ‘complement’ our investigation. They firmly stated that they are not working directly for the McCann family, but for BrianKennedy. They didn’t ask for any information regarding the investigation, nor was any offered to them, for obvious reasons”.

- 32 hairs in envelope no. 1 recovered from the floor at the entrance to the children's bedroom.

- 28 hairs in envelope no. 2 recovered from the floor next to the bed from which the child disappeared.

- 4 hair in envelope no. 3 recovered from the top of the bed from which the child disappeared.

- 15 hairs in envelope no. 4 recovered from the floor next to the bed that was next to the window in the children's bedroom.

- 1 piece of cloth in envelope no. 5 recovered from the bedspread of the bed next to the window in the children's bedroom. Fragment of cloth, mauve/violet in colour with square motifs, circular in form about 10cm in diameter. A small fluorescent spot is observed under a Crime-light.

- 31 hairs in envelope No. 6 recovered from the floor of the lounge.

- 58 hairs in envelope No. 7 recovered from the entrance hall at the front door of the apartment.

[The above were] Delivered by the Policia Judiciaria on 08/05/2007.

RESULTS

1- Morphology analysis of the hairs All hairs received for analysis were subjected to macro- and microscopic characterisation, with the majority of those having the root being in a telogenic phase.
Relating to Apartment no. 5-A

Insisting Madeleine was abducted even though the evening before locals say she had wandered off, not a thought of abduction entered the McCanns minds the previous night, May 2nd, even though it is alleged she disappeared for 30 minutes or so!